Regulation on the Ticino Citizenship Act and communal affiliation (RLCCit) (RLCCIT)

1 The confederate intending to apply for cantonal citizenship and communal affiliation through the ordinary procedure shall submit their application to the Municipality of their commune of residence, using the official form.

2 The application must be accompanied by the following documents

a) individual civil status certificate of the applicant (unmarried) or family certificate of the applicant (married) or certificate of domestic partnership of the applicant (in a registered domestic partnership), issued by the competent Swiss civil status office less than 6 months ago;

b) certificates of domicile justifying the legal periods of residence spent in the Canton and in the Commune;

c) extract for private individuals from the federal criminal record;

d) declaration from the debt enforcement office regarding any ongoing debt enforcement or bankruptcy proceedings and previously issued certificates of insufficiency of assets;

e) declarations concerning the payment of communal, cantonal, and federal taxes and the absence of outstanding arrears;

f) declaration from the competent authorities regarding any social assistance benefits received concerning the last 10 years; [1]

g) last tax assessment that has become legally binding;

h) certificates regarding knowledge of the Italian language in accordance with Article 3 or a waiver issued by the cantonal authority;

i) certificates pertaining to the exercise of an economic activity or to training during the last 10 years; [2]

j) certificate concerning the attribution of parental authority for applicants or minor children included in the application, insofar as parental authority is not exercised jointly by the parents;

k) any other document indicated in the official form.

3 The documents referred to in letters b), f), and i) must be recently issued and, depending on the circumstances, must be updated until the conclusion of the procedure.

[1] Sub-section amended by R 2.6.2021; in force since 1.9.2021 - BU 2021, 184.

[2] Sub-section amended by R 2.6.2021; in force since 1.9.2021 - BU 2021, 184.

1 Upon receipt of the application, the Municipality, through its services, the cantonal police, and potentially any other public office, gathers all information necessary to provide a complete and updated picture of the applicant's personality and that of their family members, particularly with regard to their integration into the Ticinese community, specifically

– respect for public safety and order;

– respect for the values of the cantonal Constitution;

– participation in social and cultural life;

– the maintenance of relationships with Ticinese citizens;

– the pursuit of economic activity or the acquisition of education/training.

2 The outcome of these investigations must be indicated in the designated official form.

1 In the context of these assessments, the applicant must demonstrate proficiency in oral and written Italian, according to the criteria defined by Article 6 of the Ordinance on Swiss Citizenship of 17 June 2016 (OCit) for the naturalisation of foreign citizens.

2 Oral and written Italian language proficiency is considered demonstrated if the applicant

a) speaks and writes Italian as their mother tongue;

b) has attended at least 5 years of compulsory schooling in Ticino or has completed a secondary II or tertiary level education in Italian at a Ticinese school as per Articles 4 paragraphs 1 and 3 respectively 80 et seq. of the School Act of 1 February 1990, or [3]

c) produces a certificate attesting to the required language proficiency in accordance with Article 6 paragraph 1 OCit, based on a language test compliant with generally recognised quality standards for language testing procedures.

3 The Department of Education, Culture and Sport (DECS) shall rule in cases of doubt regarding the equivalence of education completed at private schools based in Ticino, respectively shall provide its advice regarding the equivalence of Italian language education completed at schools located in Italian-speaking Grisons or abroad.

[3] Lit. amended by R 2.6.2021; in force since 1.9.2021 - BU 2021, 184.

1 Once the procedure under Article 9 of the law has been completed, the Municipal Council, as a rule within six months, submits the application for the grant of communal citizenship to the legislative body by message; the decision of the legislative body must be notified to the applicant, reasoned, and include information on remedies and deadlines for appeal.

2 The refusal of the grant by the legislative body must be based on a negative proposal in a municipal message or a committee report. In the absence of such documents, in case of refusal, the matter shall be returned to the Municipal Council for it to issue a new message with a negative proposal.

3 In the event of a second tie under Article 10 paragraph 3 of the law, the procedure outlined in paragraphs 1 and 2 shall be followed.

4 In the procedure, the applicant's right to be heard must be guaranteed in accordance with Article 34 of the law; moreover, the principles of data protection according to Article 34a of the law and Article 22 of these regulations must be observed.

[4] 1 A foreign national intending to apply for ordinary cantonal citizenship and communal affiliation, and thereby Swiss citizenship, shall submit the application to the Municipal Council of their commune of residence, using the official form and providing the documentation in the following order

1. if necessary, the Italian language certificate in accordance with paragraph 2 letter a);

2. if necessary, the certificate of attendance and successful completion of the examination for the course on knowledge of the geographical, historical, political, and social context of Switzerland and Ticino in accordance with paragraph 2 letter b);

3. the civil status certificate in accordance with paragraph 2 letter c);

4. the declaration from the Migration Office in accordance with paragraph 2 letter d);

5. all other documents indicated in paragraph 2 letters e) - p).

2 The following documents must be attached to the application

a) "CELI" or "fide" certifications regarding knowledge of the Italian language or a waiver issued by the competent cantonal authority in accordance with Article 7;

b) original certification of respectively, attendance of the course at an accredited Ticinese school, and successful completion of the examination on knowledge of the geographical, historical, political, and social context of Switzerland and Ticino, or documentation proving school attendance, or a waiver issued by the competent cantonal authority in accordance with Article 7;

c) confirmation of registered civil status for foreign nationals or stateless persons (unmarried applicant) or family certificate (married applicant) or certificate of registered domestic partnership (applicant in a registered domestic partnership) issued by the competent Civil Status Office less than 6 months ago;

d) certification from the Migration Office confirming the types and durations of foreign permits held by the applicant during the legal residency periods in Switzerland (Form 11);

e) copy of a valid C permit for foreign nationals;

f) copy of a valid national identity document (passport, identity card, refugee travel document, passport for foreign nationals without national documents, any substitute national documents);

g) certificates of domicile justifying the legal residency periods spent in Switzerland, in Canton Ticino, and in the Commune;

h) extract for private individuals from the federal criminal record (from 12 years of age also for children included in the procedure);

i) self-declaration on criminal integration criteria (Form 8) (from 16 years of age also for children included in the procedure);

j) declaration from the competent Debt Enforcement Office regarding any ongoing debt enforcement or bankruptcy proceedings and any certificates of insolvency already issued (from 12 years of age also for children included in the procedure);

k) declarations regarding the payment of communal, cantonal, and federal taxes and the absence of outstanding arrears (Forms 2 and 3) (from 18 years of age);

l) declaration from the competent authorities regarding any social assistance received in the last 10 years (Form 10);

m) last final tax assessment notice;

n) certifications relating to the exercise of an economic activity (declaration or employment contract, AI decision, unemployment registration, retirement decision, commercial register extract and AVS registration for self-employed persons, etc.) or training (declaration of school attendance) during the last 10 years;

o) certification concerning the attribution of parental authority for applicants or minor children included in the application, insofar as parental authority is not exercised jointly by the parents;

p) any other document indicated in the official form.

3 All documents must be recently issued and, depending on the circumstances, must be updated until the conclusion of the procedure.

[4] Art. amended by R 2.6.2021; in force since 1.9.2021 - BU 2021, 184.

1 Upon receipt of the application, the Municipality, through its services, the cantonal police, and potentially any other public office, shall gather all information suitable for providing a complete and updated picture of the applicant's personality and that of their family members, particularly with regard to any compromise of Switzerland's internal or external security, and integration into the Swiss and Ticino community, specifically

– compliance with public safety and order;

– adherence to the values of the federal and cantonal Constitutions;

– participation in social and cultural life;

– the establishment of relationships with Swiss and Ticino citizens;

– engagement in economic activity or the acquisition of an education;

– the encouragement and support for the integration of the spouse and minor children under their parental authority.

2 The results of these inquiries must be indicated on the appropriate official form.

[5] 1 Within the scope of these assessments, the applicant must

– demonstrate oral and written proficiency in the Italian language according to the criteria defined by Article 6 of the Ordinance on Swiss Citizenship of 17 June 2016 (OCit);

– demonstrate having attended a course organized at one of the schools identified by the DECS in the context of post-compulsory education and having passed a test regarding their knowledge of the geographical, historical, political, and social context of Switzerland and Ticino.

2 Oral and written Italian language skills are considered demonstrated if the applicant

a) speaks and writes Italian as their mother tongue;

b) has attended at least five years of compulsory schooling in Ticino or has completed a secondary II or tertiary level education in Italian at a Ticino school referred to in Articles 4 paragraphs 1 and 3 respectively 80 et seq. of the School Act of 1 February 1990, or

c) produces a certificate attesting to the required linguistic skills in accordance with Article 6 paragraph 1 OCit, based on a language test compliant with generally recognized quality standards for language testing procedures.

3 Foreign nationals who have attended at least 5 years of compulsory education (excluding kindergarten) and/or secondary II level education in Ticino at a Ticino school referred to in Articles 4 respectively 80 et seq. of the School Act of 1 February 1990 are exempt from attending the course and the test on the knowledge of the geographical, historical, political, and social context of Switzerland and Ticino.

4 Foreign nationals who do not meet the criteria of paragraph 3 but have obtained a secondary II or tertiary qualification in Ticino may request an exemption from attending the course on the knowledge of the geographical, historical, political, and social context of Switzerland and Ticino, but must take the test.

5 The DECS shall rule in cases of doubt regarding the equivalence of education completed at private schools located in Ticino and shall provide advice regarding the equivalence of Italian language education completed at schools located in Italian Graubünden or abroad, and regarding secondary II and tertiary qualifications.

[5] Art. amended by R 2.6.2021; in force since 1.9.2021 - BU 2021, 184.

1. Once the procedure under Article 16 of the Law has been completed, the Municipal Council shall, as a rule within six months, submit the application for the grant of communal citizenship to the legislative body by means of a message; the decision must be notified to the applicant, reasoned, and include information on legal remedies and deadlines.

2. The refusal to grant by the legislative body must be based on a negative proposal in a municipal message or a committee report. In the absence of such documents, in case of refusal, the matter returns to the Municipal Council to issue a new message with a negative proposal.

3. In the event of a second tie vote according to Article 17 paragraph 3 of the Law, the procedure set out in paragraphs 1 and 2 shall be followed.

4. During the procedure, the applicant's right to be heard must be guaranteed in accordance with Article 34 of the Law; furthermore, the principles of data protection according to Article 34a of the Law and Article 22 of these Regulations must be observed.

1 The certification concerning oral and written knowledge of the Italian language must be issued by a recognized institution and must be based on a language test conforming to generally recognized quality standards for language testing procedures.

2 The certification regarding knowledge of the geographical, historical, political, and social context of Switzerland and Ticino must be issued by one of the schools identified by the DECS in the context of post-compulsory education that provided the training.

1 The outcome of the examination is expressed as an overall judgment of sufficient or insufficient.

2 When assessing knowledge of the Italian language and of the geographical, historical, political, and social context of Switzerland and Ticino, due account must be taken of the personal circumstances defined by Article 9 OCit, in particular the situation of persons who, due to disability or illness, or other important personal circumstances, cannot undergo training, certification, and testing, or could only do so with great difficulty.

3 An appeal may be lodged against the decision of failing the test in accordance with the provisions of Article 96 of the School Act of 1 February 1990.

4 A candidate who has failed the examination may request to repeat the test concerning knowledge of the geographical, historical, political, and social context of Switzerland and Ticino when at least 6 months have passed since the previous examination.

5 Taking into account the provisions of paragraph 2, partial or total exemptions from presenting certification regarding knowledge of the Italian language and of the geographical, historical, political, and social context of Switzerland and Ticino in the cases referred to in paragraph 1 are decided by the civil registry office.

The DECS shall rule in cases of doubt regarding the equivalence of training completed at private schools located in Ticino, and shall provide its advice regarding the equivalence of Italian language training completed at schools located in Italian-speaking Graubünden or abroad.

Spouses and persons living in a registered domestic partnership are examined separately even if they have jointly submitted the application for the grant of citizenship.

1 The municipal authority levies fees according to the principle of cost recovery; the relevant amounts are set out in a municipal ordinance.

2 Fees are collected regardless of the outcome of the procedure and must be paid before the submission of the message to the communal legislative body.

1 The cantonal authority levies the following fees

a) CHF 500.– for ordinary naturalization procedures of Swiss citizens from other cantons;

b) CHF 800.– for individual ordinary naturalization procedures of foreign nationals;

c) CHF 100.– for each minor foreign child included in a parent's application for ordinary naturalization;

d) CHF 200.– for procedures withdrawn by the applicant before the issuance of a decision;

e) CHF 200.– for procedures of renunciation of cantonal citizenship;

f) CHF 200.– for the examination of applications for release from Swiss citizenship in accordance with Articles 37 et seq. of the Citizenship Act.

2 In the cases referred to in letters a), b), and c) of paragraph 1, the fees shall be collected regardless of the outcome of the procedure and must be paid before the submission of the message to the Grand Council, or before the decision of the State Council in the cases referred to in Articles 18 paragraph 2 and 19 paragraph 2 of the law.

3 In the case of services that exceed the scope of normal procedure handling, the fees may be proportionally increased.

The amount remitted by the State Secretariat for Migration to the Cantons for their collaboration in investigations ordered in relation to federal facilitated naturalization applications is distributed annually in equal parts between the Canton and the municipality of last domicile that collaborated in the investigation.

Having successfully completed the municipal-level procedure, the Municipal Council transmits the documents to the civil status office, naturalization service, mentioning the fixed fee and also attaching the extract of the legislative body's resolution attesting to the grant of citizenship, indicating, for each naturalized person, the number of voters, affirmative votes, negative votes, and abstentions.

1 With the communal affiliation granted and, for foreigners, the federal authorization further issued, the application is transmitted to the Grand Council, with a message from the Council of State, for the granting of cantonal citizenship.

2 The civil status office communicates the result of the Grand Council's decision to the applicant in written form.

1 The transfer of the applicant's domicile to another Municipality within the Canton before the necessary investigations to formalize a decision proposal to the municipal legislature have been completed shall cause the application to lapse.

2 The transfer of domicile to another Canton before the necessary investigations to issue the assurance according to Article 13 paragraph 2 LCit have been completed shall cause the application to lapse.

3 The grant of municipal citizenship shall lapse if the application is withdrawn, or in the cases referred to in Article 19 paragraph 2 of the law, if the grant of federal authorization or cantonal citizenship is refused, and finally in the cases referred to in Article 13 paragraph 4 OCit.

4 The lapsing of the procedure due to transfer of domicile abroad is governed by federal provisions.

1 The confederate who intends to apply for cantonal citizenship through the facilitated procedure shall submit their application to the Municipal Council of their commune of residence in the manner prescribed by Article 1.

2 Upon receipt of the application, the Municipal Council shall, as a rule within six months, carry out the verifications provided for in Article 2 and then transmit the entire file to the civil status office, naturalization service, together with its preliminary opinion; a negative preliminary opinion must be reasoned.

3 Once the procedure provided for in Article 34 of the law has been completed, the Council of State shall decide on the application for the granting of citizenship by means of a formal decision to be notified to the applicant through the civil status office.

1. A foreign national intending to apply for cantonal citizenship under facilitated procedure shall submit their application to the Municipal Council of their commune of residence in the manner prescribed by Article 5.

2. Upon receipt of the application, the Municipal Council shall, as a rule within six months, conduct the investigations provided for in Article 6 and then forward the entire dossier to the civil status office, naturalization service, along with its opinion; a negative opinion must be reasoned.

3. Once the federal authorization has been granted and the procedure provided for in Article 34 of the law has been carried out, the State Council shall rule on the application for the grant of citizenship by means of a formal decision to be notified to the applicant through the civil status office.

1 The municipal authority levies taxes according to the principle of cost recovery; the respective amounts are set out in a municipal ordinance.

2 The fees are collected irrespective of the outcome of the procedure and must be paid before the notice is issued by the Municipality.

1 The cantonal authority levies the following fees

a) CHF 350.– for facilitated naturalization procedures for Swiss citizens;

b) CHF 600.– for individual facilitated naturalization procedures for foreigners;

c) CHF 50.– for each minor foreign child included in a parent's application;

d) CHF 200.– for procedures withdrawn by the applicant before the decision is issued.

2 The fees are collected regardless of the outcome of the procedure and must be paid before the decision of the Council of State.

3 In the case of services that go beyond the normal handling of the procedure, the fees may be proportionally increased.

1 Cantonal and communal bodies that, in application of the LCit, the OCit, the law, and the present regulation, may process personal data as provided by the relevant provisions, shall apply the principles of proportionality and purpose, and, in particular, shall collect for each procedure the data necessary for processing the application, aimed at enabling decision-making by the instances involved at federal, cantonal, and communal levels.

2 The authorities referred to in paragraph 1 may also process personal data as provided by the LCit, the OCit, the law, and the present regulation when, in application of federal provisions, they conduct investigations on behalf of federal authorities within the scope of facilitated naturalization, reintegration, annulment, or citizenship ascertainment procedures.

In addition to the data referred to in Article 34a, paragraph 3 LCCit, those entitled to vote are allowed access to the data necessary for making their respective decisions, taking into account the procedural directives issued pursuant to Article 27.

1. Publication of the message, commission reports, and minutes of discussions on the municipal website is excluded.

2. Published resolutions and meeting notices must not contain any reference to personal data.

1 Cantonal and communal bodies that exchange information within the scope of administrative assistance shall weigh such information, taking into account general principles of law, and use it only to the extent necessary for making the decision and providing its reasons.

2 Authorities that hold data, documents, and decisions from third authorities within the scope of administrative assistance shall merely signal their existence to the authority tasked with the application of these provisions.

3 The tasked authority referred to in paragraph 2 may request them directly from the issuing authority.

Subject to authorization from the issuing authority, the documentation may also be transmitted by the authority holding it.

4 Any provisions of higher law remain reserved.

In the event of the granting of cantonal citizenship, the civil status office orders the necessary entries in the civil status register of the place of origin and provides for communication thereof to the Municipality of domicile, as well as to any other interested cantonal office.

The Department of Institutions, Population Section, Civil Registry Office, supervises the procedures for granting citizenship at the municipal level, issues the necessary implementing directives, and is, in general, the competent cantonal authority for the application of the law.

The civil status office prepares the forms for the application for the ordinary and facilitated grant of communal affiliation and cantonal citizenship, for the related communal inquiry, for the application for re-integration according to cantonal law, for the renunciation of cantonal citizenship and communal affiliation, as well as any other necessary form.

The authorities responsible for the application of these regulations shall adopt the necessary technical and organisational measures to ensure the authenticity, integrity, and availability of the documentation.

To this end, the cantonal bodies and services, and by analogy those of the municipalities, shall apply the provisions of the Regulation on Document Management in the Cantonal Administration of 5 September 2012.

1 The Canton and the Municipalities shall archive the documents contained in naturalization files according to their respective competences.

2 Supporting documents must be retained in original for 80 years. Archiving must comply with the provisions of the Law on Archiving and Public Archives of 15 March 2011 (LArch) and the Regulation on the Law on Archiving and Public Archives of 28 March 2012 (RLArch). Documents may be replaced by microfilm or electronic data carriers after 10 years. Original documents provided by applicants must in this case be returned upon delivery of a receipt.

1 The population section is competent to communicate the Canton's consent to the federal authority for the annulment of the acquisition of citizenship or of a re-naturalization.

2 The civil status office is competent to

a) ascertain the affiliation of a foundling, in accordance with Article 5 of the Act;

b) rule on re-naturalization according to cantonal law, in accordance with Articles 25 and 26 of the Act;

c) rule on applications for renunciation of Ticino citizenship and communal affiliation, in accordance with Articles 30 and 32 of the Act;

d) decide, ex officio or upon application, in cases of doubt regarding cantonal citizenship and communal affiliation;

e) issue to the State Secretariat for Migration the Canton's assurance within the scope of citizenship granting procedures activated under federal law, in accordance with Article 13 paragraph 2 LCit;

f) grant partial or total exemptions from the presentation of certification regarding knowledge of the Italian language, and the geographical, historical, political, and social context of Switzerland and Ticino in the cases referred to in Article 10 paragraph 1.

The provisions of this Regulation shall apply to all applications submitted after January 1, 2018. Applications submitted before that date shall be governed by the provisions of the previous Regulation, unless the present Regulation is more favorable.

The Regulations to the Cantonal Law on Citizenship and Municipal Affiliation of 10 October 1995 (RLCCit) are repealed.

This regulation is published in the Official Bulletin of Laws and enters into force on January 1, 2018.

Published in OB 2017, 465.